Love Thy Neighbour: The Truth About Boundary Disputes

Wake Smith Solicitors 12 April 2011

It's a good fall-back story for the media on a slow news day; the minor boundary dispute between neighbours that ends up going to Trial at Court and costs each party many thousands of pounds in the process. Such a story seems designed to lead the reader to think ill of the parties, and of the legal system that allows such a dispute to escalate.

It is fair to say that boundary disputes are often exacerbated by personal dislike between neighbours. Any lawyer with previous experience of boundary disputes who has never heard the sentence "it's the principle of the thing," is a lucky individual.

However, it is equally fair to say that boundary disputes are often complex; thankfully with the right advice, they can be resolved without the need for lengthy Court proceedings.

Even if the boundary between your property and your neighbour's property has been in the same place ever since you started living in your property it does not automatically mean that resolution of any dispute is simple. If you have a plan attached to your title deeds, it may not be precise enough to indicate the exact extent of the land that you purchased; your neighbour's title plan may contradict yours; it may be that, even if your title plan seems clear and defined, the boundary line when the neighbouring houses were built did not follow the boundary as marked on the plans.

A boundary dispute can be a traumatic experience. Wake Smith & Tofields has an experienced team that can provide the best advice on boundary disputes, trespass, adverse possession claims and rights of way issues, and so help you to achieve a good outcome.

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